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COMPENSATION INS. FUND v. CASTLE MOUNTAIN

No. 86-368.

739 P.2d 461 (1987)

STATE COMPENSATION INSURANCE FUND, as subrogee for Workers' Compensation Benefits paid or payable to or on behalf of Tom W. Putnam, and Leonard D. Neilsen d/b/a neilsen logging, Petitioners and Appellants, v. CASTLE MOUNTAIN CORPORATION, Employer, and United Pacific/Reliance Insurance Companies, Defendant and Respondent.

Supreme Court of Montana.

Decided June 23, 1987.

Attorney(s) appearing for the Case

Hughes, Kellner, Sullivan & Alke, Mike McCarter, Helena, argued for State Comp.

Kelly & Halverson, P.C., Patrick R. Sheehy, Billings, argued for Putnam.

Neil S. Keefer, argued for Castle Mountain & United Pacific, Billings, for defendant and respondent.

WEBER, Justice.

The State Compensation Fund (State Fund) appeals this decision of the Workers' Compensation Court, and the claimant Tom Putnam cross-appeals. The court held that claimant's employer was Nielsen Logging and that Nielson Logging was an employee of Castle Mountain Corporation (Castle Mountain) at the time claimant was injured. It also held that the State Fund, which insured Nielsen Logging, was not entitled to indemnification from Castle Mountain's insurer...

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